Management and Oversight under the Waadi: Who’s in Charge?, TAP 2025/303 (authors Roos Jonkmans and Machiel Hopman)

This article examines how management and supervision are assessed in lower courts under the Act on the Allocation of Labor by Intermediaries (“Waadi”) since the Supreme Court’s Care4Care ruling. This article briefly discusses the Waadi and the consequences of the Act’s applicability. Next, the concept of management and supervision is explained, followed by a list of indicators based on lower court rulings from November 2016 (the Care4Care ruling) through October 2025. We analyze how frequently these indicators recur in the rulings of lower courts. Finally, to illustrate the point, we highlight a number of rulings based on these indicators.